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(영문) 대구지방법원 포항지원 2018.08.23 2018고단623

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on March 26, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court. On May 25, 2017, the Defendant was sentenced to a fine of KRW 7 million for the same crime.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on May 11, 2018, the Defendant driven a CAW-lurd vehicle in the area of about 10km from May 11, 2018, in the direction of alcohol leveling 0.122% in blood while under the influence of alcohol leveling from May 11, 2018 without obtaining a driver’s license for a vehicle at around 07:0.12% in front of the building in the south-gu, Nam-gu, the south-gu, Sinpo-si, the same Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. An accident scene photograph;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has a significant number of records of the crime of drinking or non-licensed driving with the reason for sentencing. In particular, the Defendant was sentenced to imprisonment on January 23, 2013 and on November 15, 2015, on the ground of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refescing Crime, etc.), and even after the execution of the sentence was completed on November 15, 2015, the Defendant committed the instant crime without being subject to heavy weight during the period of repeated offense. Moreover, even though there was a enemy who was sentenced to a fine for the crime of drinking during the period of repeated offense as above, the Defendant again committed the instant crime.